User Agreement

TERMS AND CONDITIONS OF USER AGREEMENT

Welcome to JACT! We are glad you have decided to join our community. We look forward to your involvement with our site and services. Before you jump into the world of JACT, please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User") and Jact Media Inc. It is important that you understand both the benefits we provide, as well as our limitations.

AGREEMENT BETWEEN USER AND JACT MEDIA INC

This is a legal agreement between you and Jact Media Inc. ("Jact") with respect to your access and use of the Jact Service, which may also include the Jact web site, Jact software, content and related documentation and information (collectively, the "Service"). You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and/or use the Service (collectively, the "Terms of Use" or "Agreement"). If you do not accept these Terms of Use in their entirety, you may not access or use the Service.

Portions of the Service may be governed by posted guidelines, rules, or other terms and conditions.  All such guidelines, rules, terms and conditions are hereby incorporated by reference into these Terms of Use.

MODIFICATION OF THESE TERMS OF USE; UPDATES

Jact may change the Terms of Use at any time and such changes shall be effective immediately. You are responsible for regularly reviewing the Terms of Use.  Your continued use of the Service affirms your agreement to the Terms of Use and any future changes.

Jact is not obligated to provide updates or improvements to the Service. However, if Jact, in its sole discretion, updates or improves the Service, these Terms of Use shall apply to such updates and improvements unless expressly noted otherwise.

CLIENT SOFTWARE USE LIMITATION

YOU MAY ONLY USE JACT CLIENT SOFTWARE OR AUTHORIZED THIRD-PARTY SOFTWARE TO ACCESS AND/OR USE THE SERVICE.

You may not use any software or services in conjunction with the Jact software or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Service. You may not authorize any third party to access and/or use the Service on your behalf using any automated process. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Service except as expressly provided in these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE; RESPONSIBILITY FOR YOUR ACCOUNT

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Service or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You may not use access to the Service to obtain information necessary for you to design, develop or update unauthorized software that you use or provide to others to use to access the Service. You may not charge others to use the Service either directly or indirectly without the express written agreement of Jact.

Subject to these Terms of Use, you may use the Service within your commercial organization, but you may not use the Service to advertise or offer to buy or sell any goods or services, or to run a business or commercial entity without the express written agreement of Jact.

You agree to use the Service only to send, receive, and transfer appropriate messages and material. By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise);
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Create a false identity for the purpose of misleading others;
  • Publish, transfer, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • Transfer, stream, or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
  • Use any material or information, including images or photographs, which is made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  • Transfer, stream or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  • Download any file or other material transferred by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service or other user or usage information or any portion thereof;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred;
  • Violate any code of conduct or other guidelines which may be applicable to the Service; or
  • Use any portion of the Service to harvest or otherwise collect information about others, including e-mail addresses.

Jact reserves the right at all times to monitor communications on the Service and disclose any information Jact deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of Jact, its employees or the public. Jact also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Jact's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in the Service. Jact does not control or endorse the content, messages or information exchanged by means of the Service and, therefore, Jact specifically disclaims any liability with regard to the Service and any actions resulting from your participation in the Service.

You are responsible for all activities that occur in your Service account. You agree to notify Jact immediately of any unauthorized use of your account or breach in security known to you related to the Service.

PRIVACY

See the Jact Privacy Policy for disclosures relating to the collection and use of your information.

INTERACTION WITH THIRD PARTY SITES AND SERVICES

The Service may allow you to interact with third-party Web sites and Web services ("Link(s)"). The Links are not under the control of Jact and Jact is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. Jact is not responsible for any form of transmission received from any Link, nor is Jact responsible if the Link is not working appropriately. Jact is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Jact of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.

You are solely responsible for any dealings with third parties (including advertisers) who support the Service, including the delivery of and payment for goods and services.

TERMS OF USE FOR SERVICE-ENABLED PROPERTIES

For the terms and conditions governing your use of any Jact or authorized third party Web site or service that enables you to use the Service other than the Service itself ("Service-Enabled Properties"), please refer to the applicable Terms of Use for such Service-Enabled Properties.

SOFTWARE AND CONTENT AVAILABLE ON THE SERVICE

All Jact content and software (if any) that is made available to view and/or download in connection with the Service ("Software") is owned by and is the copyrighted work of Jact and/or its suppliers and is licensed, not sold. Your use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement term and conditions. For any Software not accompanied by a license agreement, Jact hereby grants to you, the user, a non-exclusive, revocable, personal, non-transferable license to use the Software solely in connection with the Service in accordance with these Terms of Use. You may not lend, lease, rent or sublicense the Software or any aspect of the Service.

You will not disassemble, decompile, or reverse engineer the Software. All Software is protected by copyright laws and international treaty provisions. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY Jact PROVIDES THE SERVICE AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. Jact, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE " Jact PARTIES") MAKE NO WARRANTIES. THE Jact PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. Jact MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.

IN NO EVENT SHALL ANY OF THE Jact PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Jact OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

GENERAL JACT PROGRAM CONDITIONS

You will not be able to transfer JACT related currencies you accumulate in the Jact program to any other JACT accounts.

JACT members must have earning and redeeming activity once every 60 days in order to retain their account. JACT related currencies will first expire under this 60 day policy on December 15, 2012. If your account has no qualifying activity in any 60 day period, all JACT related currencies in the account will expire. Each qualifying activity extends the expiration date for 60 days from the date of the qualifying activity. Qualifying activity is defined as redeeming any JACT related currencies in the JACT program as well as accruing JACT related currencies using the JACT program.

INDEMNITY

You agree to indemnify and hold Jact, its officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, the violation of these Terms of Use by you, or the infringement by you, or other user of the Services using your computer or identity, of any intellectual property or other right of any person or entity.

CLAIM MUST BE FILED WITHIN ONE YEAR 

Any claim related to this Agreement or the Service may not be brought unless brought within one year.   The one-year period begins on the date when the claim first could be filed.  If it is not filed, then that claim is permanently barred.  This applies to you and your successors.  It also applies to us and our successors and assigns. 

CUSTOMER SUPPORT

Jact may, but is not required to, provide you with customer support ("Support"). Unless you have entered into a separate written support agreement with Jact with respect to the Service, Jact, in its sole discretion, may terminate any Support it provides at any time.  Authorized third-party software that uses the Service is not supported by Jact and you should contact the provider of such software for support, if any.

TERMINATION/ACCESS RESTRICTION

Unless you, or a third party on your behalf, have entered into a separate written agreement with Jact that modifies these Terms of Use, Jact reserves the right, in its sole discretion, to terminate your access to and use of the Service or any portion thereof at any time, without notice. Also, unless you or a third party on your behalf have entered into a separate agreement with Jact, Jact may terminate or suspend your access to the Service for inactivity, which is defined as failing to log onto the Service for an extended period of time, as determined by Jact.

Otherwise, your license to use the Software with the Service terminates when you terminate your use of the Service. Your license to use the Software with the Service may also terminate if Jact, in its sole discretion, modifies the Service to no longer support such Software.

ELECTRONIC NOTICES

You consent to Jact providing you any information regarding the Service in electronic form. Jact may provide such information to you via e-mail at the e-mail address you specified when you registered for the Service, by instant message to you or your account, or by access to a Jact web site. As long as you access and use the Service, you will have the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must discontinue your use of the Service.

GENERAL

Claims for enforcement, breach or violation of duties or rights under these Terms of Use are governed by the laws of the State of Texas, without reference to conflict of laws principles. . You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Service.

Jact may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Service. Except as expressly provided in these Terms of Use, the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.